PAT JONES, ETC., APPELLANT,
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., APPELLEE
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The court held that the death did not arise out of the use of the vehicle and was an intentional act, not an accident covered by the policy.
A husband abducted his wife and shot her to death in a vehicle insured by the appellee. The wife's estate sued the insurer for PIP and UM benefits.…
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PER CURIAM.
An estranged and distraught husband abducted his wife from her place of business and transported her in a vehicle owned by the parties and insured by the appellee insurance company. While in the vehicle the husband shot and killed the wife. The personal representative of the estate of the deceased wife (appellant) filed a wrongful death action against the insurer seeking personal injury protection (PIP) and uninsured motorist (UM) benefits alleging that the victim injury (death) arose out of the operation, maintenance or use of the insured vehicle.
The trial court dismissed the complaint with prejudice on the grounds that (1) the complaint did not establish a causal connection between the use of the vehicle and the injury and death of the victim, citing Government Employees Ins. Co. v. Novak, 453 So. 2d 1116 (Fla.1984), and Race v. Nationwide Mutual Fire Ins. Co., 542 So. 2d 347 (Fla.1989); and (2) the death was not an accident under the insurance policy but resulted from the husband’s intentional act, citing Bosson v. Uderitz, 426 So. 2d 1301 (Fla. 2d DCA 1983).1 The personal representative of the deceased wife appeals. We affirm. This is another in a continuing series of similar cases. In addition to the cases cited above, see Reynolds v. Allstate Ins. Co., 400 So. 2d 496 (Fla. 5th DCA 1981); Western World Ins. Co. v. Gleaves, 481 So. 2d 557 (Fla. 5th DCA 1986), rev. dis’m., 499 So. 2d 832 (Fla.1987); Fleming v. Hill, 501 So. 2d 715 (Fla. 5th DCA 1987); State Farm Mutual Auto. Ins. Co. v. Barth, 579 So. 2d 154 (Fla. 5th DCA 1991).
AFFIRMED.
COWART, PETERSON and DIAMANTES, JJ., concur. . The appellant then filed a motion to amend complaint. This motion was not acted on by the trial court.
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Fortune Ins. Co. v. Renal Exilus, 608 So. 2d 139 (Fla. 4th DCA 1992)…d. at 1279. Two recent cases from the Fifth District held that there was no PIP coverage available for an injury caused by a criminal act which had no causal connection to the subject vehicle. In Jones v. State Farm Mutual Automobile Insurance Co., 589 So. 2d 333 (Fla. 5th DCA 1991), an estranged and distraught husband abducted his wife from her place of business and transported her in a vehicle owned by the parties. While in the vehicle, the husband shot and killed the wife. PIP benefits were denied on the…
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Lancer Ins. Co. v. Gomez, 799 So. 2d 334 (Fla. 3d DCA 2001)…e, produced injuries); State Farm Fire and Cas. Co. v. Gonzalez, 623 So. 2d 616, 617 (Fla. 3d DCA 1993)(UM policy did not cover injury to insured’s eye when another driver shot the insured with paint pellet); Jones v. State Farm Mut. Auto. Ins. Co., 589 So. 2d 333, 334 (Fla. 5th DCA 1991)(victim’s death was not within policy coverage where she was abducted by estranged husband in covered vehicle, and. murdered while in vehicle). We agree that there was an insufficient nexus between the jitney bus and the pla…
Authorities Cited
- Gov't Emps. Ins. Co. v. Novak, 453 So. 2d 1116 (Fla. 1984)
- Race v. Nationwide Mut. Fire Ins. Co., 542 So. 2d 347 (Fla. 1989)
- Reynolds v. Allstate Ins. Co., 400 So. 2d 496 (Fla. 5th DCA 1981)
- State Farm Mut. Auto. Ins. Co. v. Barth, 579 So. 2d 154 (Fla. 5th DCA 1991)
- Fleming v. Hill, 501 So. 2d 715 (Fla. 5th DCA 1987)
- W. World Ins. Co. v. Marvene Gleaves, 481 So. 2d 557 (Fla. 5th DCA 1986)
- Bosson v. Uderitz, 426 So. 2d 1301 (Fla. 2d DCA 1983)
- Marvene Gleaves v. W. World Ins. Co., 499 So. 2d 832 (Fla. 1987)